BEING SUED BY CREDITORS ?

Find Lots of Helpful Answers & Information Right Here:

CHARGED OFF DEBT:

What is a charge-off?

A charge-off is when a bank or another creditor writes delinquent debt off its books. The term is used to refer to various types of defaulted debt, such as credit card, mortgage, auto loan, department store debt, personal loans and business debt.

Banks are legally required to charge-off debt when it reaches a certain level of delinquency, which varies by the type of debt. For example, credit card debt must be charged-off when 180 days delinquent, while a personal loan must only be 120 days past due. Debt is also sometimes charged-off when the debt holder passes away or files for bankruptcy.

When my debt is charged-off debt, do I still owe it ?

Don't be fooled. Debt does not simply disappear when it is charged-off. You still owe it and it continues to be relevant to a bank’s taxes and is counted against the bank’s reserve funds as a loss. However, banks and other creditors will continue their collection efforts even as the debt is charged off using their internal collection departments and, then, if that effort is not successful the debt will often be sold off to outside debt collectors, known as third party debt buyers and the attempt to collect on the debt will continue.

Also, be aware that so-called charged-off debt is often passed between debt collection agencies, possibly resulting in debt collectors from different companies contacting you one after the other in an attempt to get you to make payment or enter a debt settlement.

Charged-off debt and liability

The fact that you are legally liable to pay back the money that you owe does not change as a result of a charge-off. Whether debt is charged-off or not, you are liable for 3-15 years from the time of last payment depending on the state in which you live. The exact length of time depends on your state’s statute of limitations.

When debt is charged-off as a result of a loved one passing away, you are not automatically liable simply because you are related either. Whether you are legally-bound to pay money owed by a deceased relative depends on your involvement with the account in question. If you were a co-signer, you’re liable. If you weren’t, debt collectors must wait until the estate is settled to receive payment. Should the leftover funds (if there are any) be insufficient to cover the entirety of the debt, whatever remains is then written-off.

Charged-off debt and credit reports

Much confusion exists regarding charged-off debt and credit reports and scores. First, the more delinquent you are on your debt, the greater the negative effect on your credit score. This is obvious. However, when a debt gets to the point of being charged off, far more damage to your credit standing occurs and the charge-off remains on your credit reports for seven years following the point of first delinquency. However, if you enter a debt settlement with your creditor, you can negotiate for a more satisfactory entry of your credit report which may help you improve your score.

DID YOU GET THE LEGAL PAPERS ACCORDING TO THE LAW ?

Good Service of Process is Required by Law

The U.S. Constitution requires, in it's Fifth and Sixth amendments, that each party of any case be fully notified of any actions taken against them in a court of law. There are comparable provisions in every State Constitution as well. This means that no court can rule against you without you having been informed of the case and given a chance to defend yourself, regardless of whether or not you owe the money being claimed against you. The process of informing someone of a pending case against them is known as service of process and there are very specific requirements for accomplishing service of process imposed upon creditors and their attorneys.

Have You Been Legally Served

Personal delivery of the summons to you; or Personal delivery to a person of "suitable age and discretion" at your home or business plus two follow-up mailings; or Nailing the summons to your door with follow-up mailing only if it is proved that the prior two methods cannot be made with due diligence plus two follow-up mailings.

Being legally "served" with a summons and complaint is a threshold requirement of every lawsuit. In fact, proper service of the first legal paper in the action is a basic constitutional right enjoyed by every defendant. And "Service" means the delivery of the first legal document, typically a summons but sometimes a notice of motion of notice of petition, that notifies you of the lawsuit. In a credit card lawsuit, the typical first legal paper, after the barrage of collection letters, is a “summons”, which is the actual notice of the lawsuit.

In New York State, as in other states, the law provides for a very specific method for effectuating delivery of the first legal paper which will legally bring a defendant before the Courts of the State. Here is how service of the first legal paper is made in New York State:

If service is not made as described above, it is unlawful and any lawsuit initiated without lawful service must fail. Often, where the process server purposely fails to serve in accordance with the law and/or the collection attorneys conspire either with or without the process server to fail to legally server you is known as "sewer" service. "Sewer service" is the practice of deliberately failing to serve the summons in accordance with the law so as to get a default judgment against you or, on the part of the process server, to get paid without having rendered the service.

CAN I GET THE CASE AGAINST ME DISMISSED IF I WAS NOT SERVED PROPERLY ?

THE SHORT ANSWER IS A RESOUNDING YES ! But, if you want to get
a case dismissed for improper service in New York State, there are specific steps that you have to take as follows:

•First, you must raise the defense of improper service in your answer the first time you appear in court.

•Then, you need to get a copy of the "Affidavit of Service" from your file in the courthouse.
The affidavit of service is a sworn statement by the process server that
describes how you were served. The plaintiff will rely on this document
to claim you were served correctly.

•Next, you MUST ASK the
court to dismiss the case for lack of jurisdiction within 60 days of filing
your answer. Sometimes this means that you will have to file
special papers, called a "motion to dismiss," before your first court
date is scheduled.

•And, if the Court grans your request, you must schedue and then attend a special hearing before the judge called a "traverse hearing." At the
traverse hearing, the judge will hear from both sides to determine whether you
were properly served. If the judge decides that you were improperly
served, he or she will dismiss the case.

•You also need to gather evidence and witnesses to present at your traverse hearing. This evidence could
include witnesses or documents that support your claim of improper service.

Be forewarned, however, that if your case is dismissed
for improper service, the plaintiff can sue you again if there is still time on
the statute of limits. Check your state's stateof limits here. You have to decide, based on the facts of your
case and the strength of your other defenses, whether it is worth it to go
through with a traverse hearing and the associated additional expense Discuss
your options with your assigned attorney from the Credit Card Defense Center of
New York.

The "Stuff" The Bill Collectors Don't Want You to Know !

The Rules of the
City of New York [(RYNY) § 2-191] require debt
collectors to notify consumers in writing if a debt has passed the statute of
limitations.

Typically, you can determine by the legality and sufficiency to
the service by a close examination of the affidavit of service, which is the
legal document prepared by a process server, under oath, swearing to the
truthfulness of the facts alleging proper delivery of the papers to you. You
can typically find this document in the court file on your case at the
Courthouse.

Credit bureaus may not retain negative information for more than seven years from the last payment made. The exceptions to this rule are that bankruptcies may be reported for 10 years after the bankruptcy discharge and tax liens can be reported for seven years from the time they are paid.

To obtain a default judgment under New York law, a debt buyer must provide "proof of the facts constituting the claim, the default and the amount due." This proof must be established by an affidavit from a party who has personal knowledge of the facts of the case. Under their business model, debt buyers cannot meet this standard. They have no connection to the original creditor, no access to the original creditor's books and records, and no personal knowledge of the facts to which they attest.NY CPLR § 3215(f); Joosten v. Gale, 514 N.Y.S.2d 729 (1st Dep't 1987)

The United States Bureau of Labor Statistics has projected that
between now and 2016, the debt collection industry will experience a growth
rate of 23%, significantly higher than the average for other industries. Demand
for collection services is escpecially expected to increase within the medical
(i.e., hospitals and doctors' offices) and government agencies such as the
Internal Revenue Service.

It isn't hard for collection agencies to locate most debtors. Here are some of their common sources:

Telephone Information Even if your phone number is unlisted, a collector always checks the address. If you have an unusual name, the collector calls all numbers with that name, looking for a relative. A favorite technique is to leave a message with a relative, asking you to call a number collect. If you call, the collector accepts the charges -- and contacts the operator to find out the number you called from. Credit Checks: To see whether a credit bureau -- and therefore a collection agency -- has information on where you work and bank, request a copy from TRW, Trans Union or Equifax. (But realize that when you tell the company where to mail your report, that address will make its way into your file.) The Post Office Using a post office box as your mailing address doesn't deter a collection agency. For a small fee, the post office will provide a box holder's street address if it's available. Neighbors & ReferencesCollectors may call persons you listed as references on a credit application and ask for your phone number. It's against the law for the collector to lie and say it's a friend calling. So a reference may be able to stop the calls by asking directly "Are you a bill collector?" Of course, some collectors simply break the law.

Credit bureaus
may not retain negative information for more than seven years from the last
payment made. The exceptions to this rule are that bankruptcies may be reported
for 10 years after the bankruptcy discharge and tax liens can be reported for
seven years from the time they are paid.

Credit reports
can be issued only to those with a legitimate business reason. These include
creditors, employers, landlords, insurers and government agencies, or anyone
else for whom you request a report.

You must give
your consent for a credit report to be issued to a potential employer or
landlord.

Credit bureaus are
required to help you understand your credit report.

No. Personal delivery of legal papers is not required to subject you to the jurisdiction of the Court. Nor do you need to sign for any court documents received. Contact us and we can tell you if you’ve been legally served under New York State law.

New York City Civil Court Uniform Rules § 208.6 requires a new notice to be mailed by the court to each consumer debt defendant as a second notice mechanism, and default judgment may not be granted when notice is returned to court as undeliverable.

Often,
service of process can make or break a case and may, on occasion, be your very
best defense. The bottom line is that under the United States Constitution and
similar State constitution provisions, no court can rule on a case involving
and allow the taking of property unless you were legally made aware of the
lawsuit in the first instance. If you were not legally made aware of the lawsuit by proper
service of process, the entire case can be thrown out of court. This is why it
is extremely important to know the laws of your state regarding how regarding
how service of process is legally accomplished because each state and
jurisdiction has its own rules regarding the means of service.

Generally,
a summons and related documents must be served upon the defendant personally, or in some cases, upon another person of
suitable age and discretion at the
defendant's house or place of business. If a person receives as summons and
does not show up for court, the court will rule against him automatically.

WHO IS SUPPOSED TO DELIVER THE FIRST LEGAL PAERS,

KNOWN AS SERVICE OF PROCESS SERVICE OF PROCESS?

Someone retained
to serve process on someone is called a "process server.” Generally
speaking, a process server must be of at least 18 years old and not a party to
the action, which means not personally
involved in the action about which h process is being served. Note that in New
York City and in other jurisdictions, County Sheriffs can also be employed to
serve process.

WHAT IS A DEFAULT JUDGMENT?

When
service of process is effectuated upon you, , you must file an answer with the
court, which includes your response to the claims and allegations made against
you in the summons and/or complaint that has been served upon you. If you fail
to so do within the time period stated in the summons, or if you fail to go to
the Clerk’s Office at the Courthouse and put in an answer in court to answer
the plaintiff's complaint, a judgment will be entered in favor of the
plaintiff-creditor. And this judgment, entered against you without your input
or objection and without a serous emanation of the merits of the claim itself, is
known as a “default judgment”.

CAN I DO ANYTHING IS A DEFAULT JUDGMENT HAS BEEN ENTERED AGSINT ME ?

Yes, You can try to get it vacated by the Court. In order
to have the default judgment vacated, or set aside, you must file a motion to
vacate the judgment with the court. In filing your motion, you must generally
cite one or ore of the following reasons for why you failed to answer the
complaint in a timely manner in the first place:

1.mistake, inadvertence, surprise, or excusable default;

2.new evidence has been discovered;

3.fraud in obtaining the default judgment;

4.the judgment is technically void;

5.judgment was satisfied or discharged;

6.some other reasonable reason that would justify your failure to answer

The court will hold a hearing on your motion, and
determine whether or not to vacate the judgment. Though the success rate of
these motions will vary depending on the jurisdiction, they are usually
liberally granted because Courts usually want to give each party the
opportunity to argue their side of the case based on its merits, rather than
allowing you to lose your property and assets by default. _Now, _it is
important to remember that just because your motion to vacate is granted, you
have not won the case yet. Getting the default vacated merely sets aside the default judgment
simply gives you the opportunity to file your answer to the original complaint
made against you by the plaintiff and defend the action on the merits.

WHAT MUST THE CREDITOR PLAINTIFF DO TO PROVE

AND WIN A CREDIT CARD CASE AGAINST ME ?

Typically, the plaintiff (i.e., the party suing) must be
able to prove the following:

1. That it legally holds the debt. Many times debts are sold
to collection agencies, which then may turn around and sue the consumer. If you
are being sued by a collection agency or a third party debt buyer rather than
the original creditor, the collection agency must prove it owns this debt by
submitting admissible evidence, usually in writing (such as an written
"assignment"), of the debt from the original creditor to the agency.
This usually has to be a written document in a form acceptable to the Court as
evidence of the assignment or "ownership: of the debt in question.2. That the debt is actually yours. Usually, this involves
the creditor's showing a contract with your signature, evidence that you made
charges on the card, monthly balance statements, etc.3. Proof that the debt amount is correct. The plaintiff must
be able to prove that amounts are right and that the fees and penalties with
which your account has surely padded, are in fact authorized under the law and
are consistent with the contract.

Challenging a debt-collector on these grounds can, if
done correctly and adroitly, lead to a dismissal of the case or, at the very
least, a reasonable and affordable settlement, which means a substantial
reduction in the amount payable to the creditor in exchange for a dismissal of
the lawsuit. In some cases, the debt collector can even end up owing money to
the consumer.

If you are being sued on a debt and are looking for help
call us now at the Credit Card Defense Center of New York 212-591-0400

STATUTE OF LIMITATIONS:

WHEN
IS AN OLD DEBT TOO OLD FOR A COLLECTOR TO SUE?

Typically, state law determines how long the statute of
limitations lasts. Usually, the clock starts ticking when you fail to make a
payment; when it stops depends on two things: the type of debt and the law that
applies either in the state where you live or the state specified in your
credit contract. For example, the statute of limitations for credit card debt
in a few states may be as long as 10 years, but most states impose a period of
three to six years. To determine the statute of limitations on different kinds
of debts under each state's law, check with usor your State Attorney General's Office.

WHAT SHOULD I DO IF A DEBT COLLECTOR CALLS ABOUT A TIME BARRED DEBT ?

Collectors are allowed to contact you about time-barred debts.
They might tell you that the debt is time-barred and that they can't sue you if
you don't pay.

If a collector doesn't tell you that a particular debt is
time-barred — but you think that it might be — ask the collector if the debt is
beyond the statute of limitations. If the collector answers your question, the
law requires that his answer be truthful. Some collectors may decline to
answer, however. Another question to ask a collector if you think that a debt
might be time-barred is what their records show as the date of your last
payment. This is important because it helps determine when the statute of
limitations clock starts ticking. If a collector doesn't give you this
information, send him a letter within 30 days of receiving a written notice of
the debt. Explain that you are 'disputing' the debt and that you want to
'verify' it. The more information you give the collector about why you are
disputing the debt, the better. Collectors must stop trying to collect until
they give you verification. Keep a copy of your letter and the verification you
receive.

DO I HAVE TO PAY A
DEBT THAT'S CONSIDERED TIME-BARRED?

The decision to pay a time-barred debt is up to you. You have
options, but each one has consequences. For example, whether you pay the debt
and how much you pay will affect your credit rating. Consider talking to a
lawyer before you choose an option.

•Pay nothing on the debt. Although the collector
may not sue you to collect the debt, you still owe it. The collector can
continue to contact you to try to collect, unless you send a letter to the
collector demanding that communication stop. Not paying a debt may make it harder,
or more expensive, to get credit, insurance, or other services because not
paying may lower your credit rating.

•Make a partial
payment on the debt. In some states, if you pay any amount on a time-barred debt
or even promise to pay, the debt is 'revived.' This means the clock resets and
a new statute of limitations period begins. It also often means the collector
can sue you to collect the full amount of the debt, which may include
additional interest and fees.

•Pay off the debt. Even though the
collector may not be able to sue you, you may decide to pay off the debt. Some
collectors may be willing to accept less than the amount you owe to settle the
debt, either in one large payment or a series of small ones. Make sure you get
a signed form or letter from the collector before you make any
payment. This document should state that the entire debt is being settled and
that the amount to be paid will release you from any further obligation.
Without this document, the amount paid may be treated as a partial payment on
the debt, instead of a complete payment. Keep a record of the

payments you make
to pay off the debt.

WHAT SHOULD I DO IF
I'M SUED FOR A TIME-BARRED DEBT?

Call the Credit Card Defense Center for a no-fee consultation. Then, defend yourself in court. If you're sued to collect on a
time-barred debt, pay attention, and respond and let the Court know that the debt is time-barred and, as
proof, provide a copy of the verification from the collector or any information
you have that shows the date of your last payment. The lawsuit will be
dismissed if the judge decides the debt is time-barred. In any case, don't
ignore the lawsuit. If you do, the collector likely will get a court judgment
against you, and possibly take money from your paycheck, bank account, or tax
refund.

Assert your FDCPA rights. It's against the law for a
collector to sue you or threaten to sue you on a time-barred debt. If you think
a collector has broken the law, file a complaint with the FTC and your state
Attorney General, and consider talking to an attorney about bringing your own
private action against the collector for violating the FDCPA.

I AM BEING SUED FOR REALLY OLD CREDIT CARD DEBT. WHAT IS MY BEST DEFENSE. ? IF I'M SUED FOR A TIME-BARRED DEBT?

The statute of limitations will save you. In New York, the
Statute of Limits for this kind of debt is typically six years from the day of
default and it could be shorter depending on where the creditor is located The Statute of Limits for a delinquent debt is the limited time frame
within which a creditor like a credit card company must file a lawsuit against
you. Generally, this period starts when you become delinquent on your account
payments.

Now, just because the SOL has expired on a particular debt does
not mean that you are totally immune from suit. You can in fact be sued. Then, you have to raise the Statue of LImits as a defense. if you are sued, the
Statute of Limits can be used to defend the lawsuit. And it is a complete
defense, which means that if you are correct in interposing this defense – and
this can be tricky – especially when you a being sued for credit card debt
- the lawsuit will be dismissed against you forever.

Note that if there has already been a lawsuit resulting
in a judgment, that judgment has a separate Statute Of Limitations, which in
New York is twenty years.

If you would like us to do free evaluation of your
circumstances to see if you can apply this defense contact us now and let us
get creative on your behalf before your creditors cause more aggravation and
pain to you and your family.

WHAT IS MY BEST DEFENSE AGAINST COLLECTION AGENCIES ?

In fact, the best, most complete and most absolute defense is the
Statute of Limitations which is the time limit in which your creditor must file
a lawsuit against you or lose the right to collect the money they claim you owe
through the court system, although they may still attempt to get you to
voluntarily pay after that deadline. And it is a drop-dead deadline. Find out
what your state's is and whether the creditor is beyond that date. If it is,
you can demand that the court to dismiss the suit.

STATUTES OF LIMITATIONS BY STATE:

Each state has its own statute of limitations on debt - the amount of time the court will force you to pay a debt. The statute of limitations varies depending on the type of debt you have - credit card or loan - and is usually between three and six years, but is as high as 10 or 15 years in some states. Before you respond to a debt collection find out the debt statute of limitations for your state.

STATUTE OF LIMITS PER STATE: CURRENT AS OF 1/1/14

STATE

ORAL

WRITTEN

PROMISSORY

OPEN

ALABAMA

6

6

6

3

ALASKA

6

6

3

3

ARIZONA

3

6

6

3

ARKANSAS

6

6

3

3

CALIFORNIA

2

4

4

4

COLORADO

6

6

6

6

CONNECTICUT

3

6

6

3

DELAWARE

3

3

3

4

FLORIDA

4

5

5

4

GEORGIA

4

6

6

4

HAWAII

6

6

6

6

IDAHO

4

5

5

4

ILLINOIS

5

10

10

5

INDIANA

6

10

10

6

IOWA

5

10

5

5

KANSAS

3

6

5

3

KENTUCKY

5

15

15

5

LOUISIANA

10

10

10

3

MAINE

6

6

6

6

MARYLAND

3

3

6

3

MASSACHUSETTS

6

6

6

6

MICHIGAN

6

6

6

6

MINNESOTA

6

6

6

6

MISSISSIPPI

3

3

3

3

MISSOURI

5

10

10

5

MONTANA

5

8

8

5

NEBRASKA

4

5

5

4

NEVADA

4

6

3

4

NEW HAMPSHIRE

3

3

6

3

NEW JERSEY

6

6

6

6

NEW MEXICO

4

6

6

4

NEW YORK

6

6

6

6

NORTH CAROLINA

3

3

5

3

NORTH DAKOTA

6

6

6

6

OHIO

6

15

15

6

OKLAHOMA

3

5

5

3

OREGON

6

6

6

6

PENNSYLVANIA

4

4

4

4

RHODE ISLAND

15

15

10

10

SOUTH CAROLINA

3

3

3

3

SOUTH DAKOTA

3

6

6

6

TENNESSEE

6

6

6

6

TEXAS

4

4

4

4

UTAH

4

6

6

4

VERMONT

6

6

5

3

VIRGINIA

3

5

6

3

WASHINGTON

3

6

6

3

WEST VIRGINIA

5

10

6

5

WISCONSIN

6

6

10

6

WYOMING

8

10

10

CHARGED OFF DEBT:

Many issues and questions also exists around the relationship between charged-off debt, credit reports and credit scores. Obviously, the more delinquent you are on your obligations, the greater the negative effect on your credit standing will be. A charge-off causes the most damage because it represents the fact that the creditor has given up trying to get the money from you voluntarily. After charging-off on a loan or line of credit, the next step in damaging your credit and lowering your score is the looming lawsuit to collect on the so-called "charged off".

Generally, a charge-off remains on your major credit reports for seven and a half years following the point of first delinquency. Some people believe (or are led to believe by debt collectors) that when they make a payment toward debt or debt changes hands between collection companies, this length of time resets. However, nothing can change the length of time negative information remains on a credit report, unless the information is listed in error.

Fair Credit Billing Act (FCBA) – This
federal act is a part of TILA that provides consumers with protections against
billing errors. The FCBA only applies to “open-end credit,” which is typically
credit card accounts or lines of credit, such as home equity lines of credit.
There are a variety of billing errors covered under this act, and remedies for
violations are also provided for in this act.

Fair Debt Collection
Practices Act – 15 U.S.C. § 1692. This federal law regulates debt collectors
and the manner in which consumers may be contacted and how debts may be collected.

Common Questions About Credit Reports

HOW OFTEN SHOULD YOU CHECK YOUR CREDIT REPORT?

Once a year. And if you are planning any major purchases, like a house or car, it is a good idea to check your credit report very early in the process so you are not blindsided during the loan
process or at the closing.

CREDIT BUREAU CONTACT INFORMATION

Here is the main address and telephone numbers for each of
the three major credit bureaus:

Comparing your
credit reports side-by-side, you may notice they're not the same. That is
because not all businesses report to all three credit bureaus. Credit bureaus
typically do not share information. This means that not all your account information makes it
onto all three major credit reports.

WHAT DOES MY CREDIT REPORT HAVE TO DO WITH MY CREDIT SCORE?

Your credit report
is a detailed history of your credit accounts including payment history, credit
limit, highest balance ever charged, and age of the account. Your credit score
is a numeric representation of your credit report.

WILL MY SPOUSE'S INFORMATION APPEAR ON MY CREDIT REPORT

Your credit report
will contain only your credit and loan accounts. The exception is joint
accounts shared between you and your spouse. Here, the account history will be
reported on both your and your spouse's credit report. Similary, if one spouse
is an authorized user on the other spouse's account or one spouse co-signs
another's account, the account history will be reported on both credit reports.

HOW DO I KNOW IF I HAVE ANY LATE PAYMENTS ON ANY OF MY ACCOUNTS?

All three major credit bureaus use a little "square" with either 30, 60, 90, or 120 in it. And what you want to see is a "zero" underneath that symbol. You want to
see "OK" in green shown, or under "status", the notation
"never late".

WHAT DOES "CHARGED-OFF", "BAD DEBT", OR "PLACED FOR COLLECTIONS" MEAN?

This means that you failed to make a payment on the account for a time period longer than 120
to 180 days without a payment from you. At this point, the credit card company
decided the debt was not going to be collected from you, and, thus, deter decided to write
it off. The company took the IRS tax deduction and sold the debt to a debt
collector. Many of the recent real estate "short sales" may end up as
charge-offs on a consumer's credit report.

WHAT DOES "ACCOUNT CLOSED BY CREDIT GRANTOR" MEAN?

The credit card
company was concerned that, given your financial circumstances, you might very well default on your debt obligation to that creditor and shut down your ability to
access any more of your credit. This sometimes happens if you are
defaulting on other cards - also referred to as universal default.

WHAT DOES "ACCOUNT BALANCE" MEAN ?

This is the amount owed on the loan, whether it is a credit
card balance or the balance of a home mortgage or installment loan.

WHAT DOES "HIGH BALANCE" MEAN ?

This is the most
you ever owed on the loan, whether it is a credit card balance or the

balance
of a home mortgage or installment loan.

WHAT IS "DATE OF LAST ACTIVITY" (DOLA)?

This will be itemized on the report as "last updated" or "last
activity" and is, in general, the last date any account activity occurred,
typically the last time you made a payment, which event usually starts the running of the statute of limitations applicable in your state.

CAN I GET A JUDGMENT REMOVED FROM MY CREDIT REPORT ?

Yes, often you can. But it depends on your particular circumstances. It depends on how you want to attack the problem. And it depends if the judgment was obtained against you by default or not. We have developed a quite effective method of removing judgments that have been entered against you in New York State by default. This does not mean we can correct your credit report insofar as other negatives are concerned. But we can eliminate the "judgments", which means that, by definition, your Credit Score must increase as a result. Contact us and ask us the details about removing judgments from your credit report.

Did you know ?

•There are two kinds of credit checks: Soft & Hard

•A "Soft" inquiry is when you check your own credit
score for reasons other than extending your credit

•A "Hard" inquiry is made when you apply for new credit
and a lender requests a copy of your credit report

•Inquiries can stay on your credit report for about two years

CAN I GET A
JUDGMENT REMOVED FROM MY CREDIT REPORT ?

Yes, often you can. But it depends on your particular circumstances.
It depends on how you want to attack the problem. And it depends if the
judgment was obtained against you by default or not. We have developed a quite
effective method of removing judgments that have been entered against you in
New York State by default. This does not mean we can correct your credit report
insofar as other negatives are concerned. But we can eliminate the
"judgments", which means that, by definition, your Credit Score must
increase as a result. Contact us and ask us the details about removing
judgments from your credit report.

Does carrying a balance on my credit card hurt my credit score?

It
can, if the balance gets too high. You see, your credit score is influenced by
how much available credit you have, and the balances you owe on both revolving
and installment accounts. Revolving usually means an open line of credit that
can be used as needed up to a certain limit, like a credit card, rather than an
installment loan, that’s taken out all at once then paid back on a fixed
schedule, say a mortgage, for instance. One advantage of a revolving account is
convenience. Even if you pay it off, it stays open. So you can use it again if
you want without applying for more credit. Revolving accounts are beneficial to
have on credit reports because over time, they show a history of how well you
manage credit. You’ll probably want some revolving accounts in addition to some
installment accounts with fixed monthly payments, like a car loan or a
mortgage, to round out your credit report and get a really good score.
Different credit scores get calculated in different ways, but if the amount you
owe on your revolving debt is more than 30% of your available credit, it may
have a negative impact. Now on the other hand, having a bunch of inactive cards
in your wallet isn’t ideal either. High, unused revolving credit limits can
also hurt your score, because you can get into a lot of debt really quickly
with the credit you already have. And carrying high revolving balances
increases the chance that you could have trouble paying back any additional credit,
and that can have a huge negative impact. But since you don’t need to carry a
balance on your cards month to month to show that you’re using them, it’s
usually beneficial to try and keep your revolving credit balance as low as
possible. The best thing you can do for your credit score is to pay your bills
on time, and pay more than the monthly minimum payment whenever you can. There
are tools available online that can help you estimate how paying down your
balances, closing a card, or opening a new one might impact your credit score.
Look for a good credit score simulator online.

DID YOU KNOW THAT....

When
credit grantors lower your credit limits, the amount of credit
available to you is also reduced. That increases the percentage of
credit that you are using compared with the credit now available due to
the reduction in the credit limit. This can hurt your FICO credit score
because it increase the utilization ratio which is the amount of credit
you are using compared to available credit.

Credit scores typically rank
individuals on a scale from 350 to 850. The higher the score, the less you are
seen as a financial risk to creditors, employers and even landlords. myfico.com
A score of 680 or higher would generally be considered good and the national
average being 692.

At
a time when you are already struggling to stay afloat, lower scores and
higher card rates can surely aggravate an already precarious financial
situation.In
fact, this can be a painful trap because if you do not realize your
credit limit has been lowered you are likely to spend above your limit,
thereby incurring over-the-limit fees and a higher rate, making it all
the more difficult to handle the financial load, which can have a
"snowball" effect.

CHARGED OFF
DEBT

WHAT IS CHARGED OFF DEBT ? I THOUGHT I DID NOT HAVE TO PAY
FOR “CHARGED OFF” DEBT!

"Charged off" is simply an accounting term which means, for you, the
debtor, an account which is no longer active or useable. Simply put, it is an
account that you quit paying some time ago and probably forgotten about. Then,
six months or so after you stopped paying on the account, your non-performing
credit account was “charged off”, or in other words, deleted and no longer
listed as an asset on the books of the original credit provider. Now in the
past, this debt, depending on the dollar amount, would probably have been
simply counted as un-collectible by the credit grantor.

Now, however, all such debt is either referred to a standard
collection agency to make attempts at recovery or, more often than not sold to
a debt buyer. In the meantime, even though the obligation remains, debtors
often mistakenly believe a charged off debt is no longer owed or no longer being
collected upon. Not true. Nowadays, debt collectors are trying to collect on
this kind of “charged off” debt even years after the original creditor has
given up on collecting the debt. Therefore, if you are contacted regarding a
charged off account, do not ignore it. Call us and we can deal with the
collector and/or their attorneys. We know exactly what to do to defend you from
these kinds of “charged offs”.

BUT MY DEBT IS CHARGED OFF !

HOW CAN THEY SUE ME FOR CHARGED
OFF DEBT ?

DO NOT BE FOOLED ! Collection attorneys can and do still collect
on debt that you thought was “charged off” by a bank or credit card company
because the institution took a credit for it on its tax return. This is
baseless position. Just because the bank charged off your debt does not mean
that nobody is going to come after than debt. After all, you still owe the
money. The banks and credit card companies will sell the debt and you will get
sued for the entire amount of the bill plus interest, costs as well attorneys'
fees. Note that banks and credit card companies only charge off the debt
because federal regulations do not allow banks to keep non-collectible debts on
the books in the collectible column. But, again, when they “charge off”, you
are not absolved of the debt. To make money they sell the debt off to “debt
buyers” including collection agencies and their lawyers for pennies on the
dollar. Then, these collectors come after you. So, if you have recently been
recently sued by a company you do not recognize, do not ignore the lawsuit. It
is probably a debt buyer who is looking to seize your bank account, salary and
any other assets to can find. In you are in this situation, call us now and we
will gallop to your defense before things get worse. And we can do it at an unheard
of fee for these types of defense cases, giving you every opportunity to at
least defend yourself in these matters.

CHARGED OFF DEATH DOES NOT SIMPLY DISAPPEAR?

So, debt
does not simply disappear when it is charged-off. Instead, it continues to be
relevant to a bank’s taxes and is counted against the bank’s reserve funds as a
loss. A charge-off is when a bank writes delinquent debt off its books. The
term can be used in conjunction with various types of debt, such as that
originating from a credit card, mortgage, auto loan, etc.

Banks
are legally required to charge-off debt when it reaches a certain level of
delinquency, which varies by the type of debt.

For example, credit card debt must be
charged-off when 180 days delinquent, while a personal loan must only be 120
days past due. Debt is also charged-off when the debt holder passes away or
files for bankruptcy. And banks continue collection efforts past the time of
debt being charged-off. Such debt collections efforts might be handled directly
by the bank, but it’s more likely that a debt collection agency will buy the
charged-off debt and attempt to collect on the amount owed itself.

Charged-off
debt can cause because it is often passed between debt collection agencies,
resulting in multiple organizations contacting you for payment. In addition,
many consumers believe a greater difference to exist than is truly the case
between charged-off debt and debt that is severely delinquent. As a result,
they often assume that they’re no longer responsible for payment.

When
a debt or any asset is charged off, it is taken off a balance sheet. A debt
that has been charged off is typically more than 180 days past due. If no
payment has been made in that amount of time, the accounting rule is that,
because it is unlikely it will be paid in the near future, it can't be carried
on the books as a current asset. Therefore, the debt is charged off. But the
accounting move by the creditor to charge off the balance due in no way affects
your responsibility to pay what is owed.

CHARGED OFF DEBY & YOUR CONTINUING LIABILITY

You remain legally liable to pay back the money that is "chrged you owe does not
change as a result of a charge-off. Whether debt is charged-off or not, you are
liable for 3-15 years from the time of last payment. The exact length of time
depends on your state’s statute of
limitations for debt.

When
debt is charged-off as a result of a relative dying, you are not
automatically liable simply because you are related. Whether you are
legally-bound to pay money owed by a deceased relative depends on your
involvement with the account in question. If you were a co-signer, you’re
liable. If you weren’t, debt collectors must wait until the estate is
settled to receive payment directly from the estate. Should any leftover funds be
insufficient to cover the entirety of the debt, whatever remains is then
written-off and never collected because you cant sue a dead person.

CHARGED OFF DEBTS

Many issues and questions also exists around the relationship between charged-off
debt, credit reports and credit scores. Obviously, the more delinquent you are
on your obligations, the greater the negative effect on your credit standing
will be. A charge-off causes the most damage because it represents the fact that the creditor has given up trying to get the money from you voluntarily. After charging-off on a loan or line of credit, the next step in damaging your credit and lowering your score is the looming lawsuit to collect on the so-called "charged off".

What’s
more, a charge-off remains on your major credit reports for seven and a half
years following the point of first delinquency. Some people believe (or are led
to believe by debt collectors) that when they make a payment toward debt or
debt changes hands between collection companies, this length of time resets.
However, nothing can change the length of time negative information remains on
a credit report, unless the information is listed in error.

VALIDATION

SHOULD I REQUEST “VALIDATION”?

Yes, of course. Requesting validation does two things. First, it buys you some time. Under the FDCPA, all collection activity must cease until the attorney puts that verification in the mail to you. The verification is usually a simple statement signed by the creditor, and it will not take the collection attorney long to obtain it or mail it, but it does "stay" collection activities, including law suits, until answered. Secondly, it sends a signal to the collection attorney that you are not going to be a rollover debtor. He knows you will be active in the defense of the suit. Note that a high percentage of collection suits simply proceed to default judgment without any response from the debtor.

Default judgment is just what a collection attorney hopes for in every case.. Consumers who don't answer lawsuits make it far too easy for the collection attorneys. However, by filing a validation request, you send a very strong message to the collection attorney that you aren't going to give up. He might actually have to go to court himself and you may force him to prove the debt. By filing the validation request, you actually stay the collection proceedings. Thus, if a collection attorney cannot move forward against you in a collection suit, the chance of your having a default judgment against you is greatly diminished.

WHAT IS
PROPER VALIDATION ?

Generally speaking, proper validation of a debt depends on the
specific nature of the dispute. At a minimum, the debt collector is required to
confirm with the creditor that the amount being claimed is correct and that the
person he is attempting to collect tahe debt from is the person who owes it.
The most basic response to a validation/verification request would be for the
collector to provide the name of the original creditor and some simple
statement regarding the alleged amount owed.

Under the Fair
Debt Collection Practices Act, debt collectors must provide a notice with basic
“validation” information to the consumer within five days after their first
communication, to show that they have a legitimate basis for collecting the
debt they claim to be owed.48 The
notice must include five items: (1) the amount of the debt; (2) the name of the
creditor; (3) a statement that the consumer must dispute the debt within 30
days or it will be presumed valid; (4) a statement that if the consumer disputes
the debt within the 30-day period, the collector will provide verification of
the debt; and (5) a statement that upon the consumer’s request during the
30-day period, the collector will provide the name of the original creditor if
different from the current creditor. Retaining this information, as well as
providing it to the debt buyer, becomes important once the original creditor
sells the debt. It is also essential for ensuring accuracy once a collector
notifies a consumer that a collection effort has begun. And if the matter must
be settled in court, early and equal access by all parties to the same
information is absolutely vital to ensuring a fair and just litigation process. See 15 U.S.C. §§
1692g(a)(1-5)

HOW DO I FILE
A VALIDATION NOTICE?

Demanding validation of a debt is very simple and the response
required of a creditor is also, unfortunately, also very simple. The statute
merely requires the collector to give the debtor the name and address of the
original creditor. Some courts have also required the collector to give a
simple accounting of the debt, i.e. the principal, interest, and other added
fees such as attorney's fees. Again, I have seen a lot of "on-line"
verification/validation form letters asking for information and documentation
the FDCPA doesn't require the collection attorney to give you. Such
far-reaching requests immediately tell the collection attorney you really have
no idea what you are doing. The form letters also make threats which simply
irritate the collection attorney.

Credit Repair programs and Debt Settlement companies offer to
improve your credit score and eliminate your debt. Many times these companies'
offers are too good to be true. And they certainly are. We even have seen some
of the companies falsely claiming that they can eliminate 100% of your debt no
matter the circumstances. Unfortunately, this is not the reality and not
something you should realistically count on, no matter how good it sounds. So,
be very careful, circumspect and skeptical before you start giving your money
to one of these outfits. Do not believe unrealistic promises of quick and easy
credit repair and debt settlement scams.

WILL
MY CREDIT SCORES WILL IMPROVE IF I PAY OFF COLLECTION ACCOUNTS.

Unfortunately,
this is not very unlikely and will not automatically happen. A collection
account is negative, whether it is paid or unpaid. Sometimes you may see a
little improvement from paying off one of these accounts, but that's not
typical. And it’s not automatic. We at the Credit Card Defense Center of New
York can and have gotten credit
reports improved and adjusted upon settlements of debts for our clients.
Contact us today to find out how.

MUST
A COLLECTION AGENCY REMOVE A COLLECTION ACCOUNT FROM MY CREDIT REPORT IF I PAY
OFF A DEBT?

This is simply not true. Collection
accounts may be reported for the time period allowed by law, regardless of
whether they are paid or not. In our consultations with you, we go into detail
about what you can do if you have collection accounts on your credit
reports. Here's a brief summary of the credit report repair wok that attorneys
associated with The Credit Card Defense Center of New York can do for you and
have done for clients in recent cases:

Negotiate.Collectors aren’t obligated to remove an account just because you pay it. But
if you have a legitimate dispute about the debt, you may want to push hard for
this option.

Dispute the debt.If an item is inaccurate or incomplete, you have the right to dispute it. If
the collection agency does not confirm it, it must be dropped. Warning: If you
haven’t paid the debt, disputing it could revive the collector’s interest in
the debt. Learn how to dispute credit report mistakes

WHERE DO I DISPUTE ITEMS OMN MY CREDIT REPORT ?

TransUnion
offers a downloadable
form for you to fill and send out, in order to initiate an
investigation with them.

The
addresses set up to receive disputes should appear on your credit report or you
may use the ones below. Alternatively, you could initiate the dispute online.

•

TransUnion
Consumer Solutions

P.O.
Box 2000

Chester,
PA 19022-2000

Equifax
Information Services LLC

P.O.
Box 740256

Atlanta,
GA 30374

•

Experian

National
Consumer Assistance Center

P.O.
Box 2002

Allen,
TX 75013

What consumer
protections do I have under the National “CARD Act” ?

In May, 2009,
President Obama signed into law the Credit Accountability, Responsibility, and
Disclosure (“CARD”) Act. Most provisions of the Card At of the CARD Act’s
consumer protection provisions became effective on February 22, 2010, including
provisions eliminating online payment fees, ending two-cycle or double billing,
setting forth new requirements for when consumers must receive bills, and
implementing rules for when consumers must be notified about changes to their
credit card accounts. With these protections, consumers have a stronger shield
against credit card abuses such as deceptive language and unjustified interest
rate increases on existing balances. Further provisions became effective on
August 22, 2010, including provisions that limit the amount of penalty fees for
late payments, prohibit inactivity fees, require explanation of rate increases,
and mandate review of recent rate increases.

For a brief overview
of the changes now in effect and to find more information on the CARD Act,
visit the Federal Reserve Bank’s pages on What You Need to
Know: New Credit Card Rules. You can also visit the Federal Reserve
Bank’s website on Consumer Credit for credit card holders to find out more
information on the CARD Act.

What new rules must
my credit card comopnay follw now that the Card Act is la ?

First, your credit card company has to tell you When they plan to increase your rate or other
fees. The credit card company must
send you a notice 45 days before they can increase your interest rate;change
certain fees (such as annual fees, cash advance fees, and late fees) that apply
to your account; or make other significant changes to the terms of your card.

Secondly, if your credit
card company is going to make changes to the terms of your card, it must give
you the option to cancel the card before certain fee increases take effect. If
you take that option, however, your credit card company may close your account
and increase your monthly payment, subject to certain limitations. For
example, they can require you to pay the balance off in five years, or they can
double the percentage of your balance used to calculate your minimum payment
(which will result in faster repayment than under the terms of your account).

The company does not have to send you a 45-day advance notice if: a)
you have a variable interest rate tied to an index; if the index goes up, the
company does not have to provide notice before your rate goes up; b) your
introductory rate expires and reverts to the previously disclosed
"go-to" rate; c) your rate increases because you are in a workout
agreement and you haven’t made your payments as agreed.

As you proibabakly have seen
with your mnthly dtatemewbts, credit card comonay must now tell you how long it
will take to pay off your balance. Your monthly credit card bill now must
include information on how long it will take you to pay off your balance if you
only make minimum payments.

It will also tell you how much you would need to pay each
month in order to pay off your balance in three years.

.

File a lawsuit.If the debt is too old to be reported, or if you have legitimately disputed it,
and the collector continues to report it, you may have case for credit damage
under the federal Fair Credit Reporting Act. In addition, the collector may
have also violated the federal Fair Debt Collection Practices Act as well as
state or federal consumer protection laws. At The Credit card defense Center of
New York we can help you determine if you have a case against the collection
agency.

Work
with attorneys for The Credit Card Defense Center.There are many valid warnings
about the typical credit repair organizations. And in our experience there are
very good reasons to be cautious. At the same time, some consumers find that
they simply don’t have the time or energy to deal with credit report issues. In
that case, hiring a professional may be useful.

WHAT IS THE CEDIT REPAIR ORGANIZATION ACT ?

The CREDIT REPAIR ORGANIZATION ACT, 15 U.S.C. § 1679, et. seq., prohibits a variety of false and
misleading statements, as well as fraud by credit repair organizations
(CROs). CROs may not receive payment before any promised service is
"fully performed." Services must be under written contract, which must
include a detailed description of the services and contract performance
time. CROs must provide the consumer with a separate written disclosure
statement describing the consumer's rights before entering into the
contract. Consumers can sue to recover the greater of the amount paid or
actual damages, punitive damages, costs, and attorney's fees for
violations of the CROA. The states and the FTC may also enforce the
CROA.

WHAT IS USURY

Usury
is a common defense and it is almost always unavailable in credit card cases.
The National Bank Act pre-empts state law (usury is legislated at the
state level) and permits national banks who issue credit cards to import the
maximum interest rate from the state where they have their primary corporate
offices to any other state where they do business. This is why so many of
them are organized and have their corporate offices in Delaware or South
Dakota, which have no usury laws.

30 DAY DISPUTE PERIOD
HAS PASSED SINCE I DISPUTED AN ERRONEOUS ENTRY. MUST THE CREDIT
BUREAUS DELETE THE ENTRIES ?

If you have written a dispute letter to a credit bureau
disputing the accuracy of an account, they have 30 days to investigate the
account and if they cannot verify the information within 30 days, they must
delete the information.

WHY SHOULD I CHECK MY CREDIT REPORT ?

Periodically, it is a good idea to check your credit report for
errors and to correct inaccuracies to get better interest rates and to protect
yourself against identity theft. Dispute anything you think should not be
there. The Fair Credit Reporting Act allows for the correction or deletion of inaccurate,
outdated or unverifiable information, provided that a reinvestigation of the
disputed information results in a finding that your dispute has validity.

WHAT CAN I DO WHEN THE
CREDIT BUREAUS WON"T CORRECT MY FILE

You can sue the three
national credit bureaus; creditors, debt collectors and other companies that
report incorrect, negative information to credit bureaus; and companies that
misuse your credit information, for violations of the federal Fair Credit
Reporting Act (FCRA). The FCRA regulates the
collection, dissemination, and use of consumer credit information. Whenever a
creditor, debt collector or credit bureau violates your rights under the FCRA,
you can recover up to $1,000 PER VIOLATION or your Actual Damages (see below), plus PUNITIVE DAMAGES, attorney's
fees and court costs.

WHAT IS THE DEFINITION OF A DEBT COLLECTOR

A
“Debt Collector” is a person engaged in the collection of debts owed to
another, with certain exceptions. Creditors collecting on their own debts
generally are not “debt collectors” for purposes of the FDCPA. Debt buyers –
persons who collect debt on their own behalf that they have purchased from
creditors or debt collectors – are covered by the FDCPA if the accounts were in
default at the time the debt buyers purchased them. FDCPA §§ 803(4), 803(6); 15
U.S.C. §§ 1692a(4), 1692a(6); see also Ruth v. Triumph P’ships, 557 F. 3d 790, 796-97
(7th Cir. 2009); FTC v. Check Investors, 502 F. 3d 159, 171-72 (3rd Cir. 2007).
Section 5 of the FTC Act, 15 U.S.C. § 45(a), broadly prohibits unfair or
deceptive acts or practices, including those of creditors.

LAWSUITS AGAINST
CREDIT BUREAUS

Under the FCRA you may
sue a credit bureau for violation of any of the following rules:

• A credit bureau
must investigate, change or remove any incorrect data from your credit report.

• Credit bureaus
may not retain negative information for more than seven years from the last
payment made. The exceptions to this rule are that bankruptcies may be reported
for 10 years after the bankruptcy discharge and tax liens can be reported for
seven years from the time they are paid.

• Credit reports
can be issued only to those with a legitimate business reason. These include
creditors, employers, landlords, insurers and government agencies, or anyone
else for whom you request a report.

• You must give
your consent for a credit report to be issued to a potential employer or
landlord.

• Credit bureaus
are required to help you understand your credit report.

A credit information
furnisher is a company that provides information to credit bureaus. Information
furnishers include creditors, debt collectors (collection agencies), credit card
companies, auto finance companies, mortgage lenders, state and city courts, and
employers. Under the FCRA you may sue a credit information furnisher for
violation of any of the following rules:

• An information
furnisher must provide complete and accurate information to the credit bureaus.

• If you dispute an
entry on your credit report, the information furnisher must correct any error,
or explain why the credit report is correct within 30 days of receipt of notice
of a dispute.

• The information
furnisher must correct inaccurate or incomplete information in your report.

• The information
furnisher must notify all credit bureaus where they sent incorrect information
of any error.

• An information
furnisher must inform consumers about negative information which has been or is
about to be placed on a consumer's credit report within 30 days.

LAWSUITS AGAINST
USERS OF CREDIT INFORMATION OBTAINED FROM CREDIT BUREAUS

Under the FCRA you may
sue a user of credit information for credit, insurance, or employment purposes
(including background checks) for violation of any of the following rules:

• Users of credit
information must notify the consumer when an adverse action is taken on the
basis of such reports.

• Users of credit
information must identify the company that provided the report, so that
consumers may verify or dispute the information in the report.

DAMAGES:

If someone violates
your rights under the Fair Credit Reporting Act, you can recover the following
damages:

1. UP TO $1,000 PER VIOLATION
or your “Actual Damages” (see below)

2. PUNITIVE DAMAGES

3. Attorneys’ fees.

4. The costs of the
lawsuit.

"ACTUAL
DAMAGES" FOR VIOLATIONS OF THE FAIR CREDIT REPORTING ACT

The following is a list
of "actual damages" that you may be able to recover when a creditor,
debt collector, credit bureau, credit information furnisher or credit
information user violates your rights under the Fair Credit Reporting Act. This
is not a complete list of all possible damages recoverable under the FCRA. You
may have suffered different or additional damages that are not on the list.

1. Monetary damages.

Inaccurate negative
information on your credit report may cost you money due to loss of
employment, loss of credit needed to conduct your business, higher insurance
premiums or denial of coverage, fees paid to attorneys, debt settlement
companies and others for assistance with credit issues prior to bringing suit, and other costs and
expenses of being denied credit and attempting to correct incorrect negative
credit information.

2. Damages for
emotional distress may include
stress-related injuries and conditions such as the following:

If you suffer from one
or more of the above conditions as a result of a creditor, debt collector,
credit bureau, credit information furnisher or credit information user
violating your legal rights, you may be entitled to a substantial monetary
recovery, equivalent to the amount you could recover in a personal injury case
involving similar injuries.

IS IT A GOOD IDEA TO TRANSFER MY
BALANCE FROM HIGH-INTEREST CARDS

TO LOWER-RATE CARDS WITH LOWER RATES?

Yes, if you can control yourself, by which we mean your spending
habits. By transferring a balance onto a card with a low introductory rate,
sometimes called “teaser rates”, you can potentially save money on interest if
you simply stop charging new purchases on the low interest card and, instead,
focus on paying off the balance before that introductory rate expires and the
rate goes through the proverbial roof. But if you are tempted to continue to
charge on the new card and, give into to that temptation, you will, in the
final analysis, wind up with more debt that you initially transferred.. And,
dangerously, new purchases may be charged at an altogether different and
certainly higher interest rate than the beginning teaser rate. Therefore, only
do the balance transfer if you can control your spending and refrain from
continuing to charge on top of the balance you are already struggling to pay
off, balance transfers won't get you out of debt and will most likely, engulf
you in further debt.

WHAT MUST A
CREDIT REPORTING AGENCY DO

WHEN YOU DISPUTE A CREDIT REPORT ENTRY

When you dispute a credit report entry, the CRA's have 30 days to
look into your complaint and act on it pursuant to the Fair Credit Reporting
Act and must show in your report that an item is being disputed or is under
investigation.

Recently had a credit card or loan application
rejected? Here's Why:

Today, an individual does not make most credit decisions.
The decision is made by a "credit scoring" system. This is a
statistical method creditors use to assess your creditworthiness. The creditor
gathers their statistics from your credit bureau file.

Aspects such as your
payment history, the amount you owe, who you owe, the length of your credit
history, and any new credit accounts you have are assigned certain point
values. If so, you have the right to know why your application was denied.
There are many reasons why you may be turned down when you apply for a loan or
credit card, so it is important that you understand the reasons why credit
grantors may deny extending credit. For example, your FICO Score is calculated from data than
can be grouped into the following five categories:

• 35% Payment history

• 30% Amount you owe

• 15% Length of credit history

• 10% New credit

• 10% Your credit mix (credit cards, store charge cards, loans, etc.)

The number of times you apply for credit and the
frequency of these attempts to get credit are also taken into consideration.
This is reflected in the "inquiries" showing up on your credit file.
Six or more inquiries within a six month period of time will scare a lender.
Applying for loans on the Internet or transferring balances on credit cards for
better interest rates can have consequences for your credit score.

It is also possible that your credit report contains
incorrect information. Whenever you are refused credit, you have the right to
receive a free copy of your credit report within 30 days of the rejection, from
the credit reporting agency that the creditor used. Take advantage of this
opportunity to review your credit report and determine if there are any
mistakes.

In addition to your credit report, a creditor may deny
your loan request because you have not held your present job or lived at your
present address long enough. Some creditors require you to have been at your
job or address for a least three years.

When applying for a loan, some lenders are also
interested in the reason you are requesting the loan. Sometimes, lenders do not
believe your purpose for requesting the loan is reasonable. Other times,
lenders may have restrictions that do not allow them to make the kind of loan
you are requesting.

If you've recently been refused credit, wait awhile
before applying again. Take some time to review your credit report and correct
the problem that is keeping you from being credit worthy. The federal Fair
Credit Reporting Act (FCRA) states derogatory information can remain on your
credit bureau file for seven years from the date of the negative activity
occurred.

ARE THERE ANY EXEMPTIONS FROM DEBT COLLECTION?

Yes, there are exemptions from debt collection? In fact,
a New York State Law called the Exempt Income Protection Act (EIPA) protects
your bank accounts that contain subsistence funds such as government benefits,
pensions and even some earned income. This very helpful law prevents creditors
and debt collectors from freezing these assets to pay certain debts like credit
cards, bank loans and medical bills. This means that under state and federal
law, certain kinds of income and property are classified as exempt from debt
collection, and creditor or debt collector cannot force you to use exempt
income or property to pay a debt.

The EIPA immunizes your bank account from being
restrained if your balance is less than:

Additionally, earned income up to 30 times the minimum
wage per week, after taxes, is exempt. The minimum wage is currently $7.25 an
hour. In other words, if you are that rare person who takes home $217.50 per
week or less, all of your earned income is exempt from debt collection. So, If
you take home more than $217.50 per week, 90% of your gross income or 75% of
your disposable income, whichever is greater, is exempt from debt collection.

The following kinds of personal property are exempt from
debt collection and cannot be seized:

Household goods,
like furniture, clothing, and appliances

One television

Radio

Personal items
like wedding ring or watch

If a computer or
car is indispensable to your work, they can be exempt as "tools of
trade."

WHAT IS SO BAD
ABOUT "PAYDAY LOANS" ?

If you are into payday loans, you are in dangerous territory,
as you probably already know. But did you also know that people who take use
payday loans are seven times more likely to file for bankruptcy than those who
don’t. In fact, according to one study, approved first-time payday loan
applicants experience a 90 percent increase in bankruptcy filing rates. “Do
Payday Loans Cause Bankruptcy?”, Paige Marta Skib, Vanderbilt Law School &
Jeremy Tobacman, UPenn.

How ChexSystems Works

U.S. banks and credit unions report incidents to ChexSystems to
protect themselves and other banks in the future. You get reported to
ChexSystems if your account is closed for "cause." What is "for
cause?" Banks differ greatly between them as to what valid reasons are for
closing an account. Here are some examples:

•The bank was unable to collect for an overdraft, ATM
transaction, or automatic payment which they honored on insufficient
funds.(Regardless of amount, and often without waiting more than a few days!)

•Multiple overdrafts.

•Savings account, debit card or ATM abuse.

•Fraud.

•Providing false information in opening account.

Each incident stays on your record with ChexSystems for FIVE
full years from the date the incident was reported. You are entitled to see
your Chexsystems Report once a year for FREE, just
like you are entitled to a free credit report from Experian, Equifax and
Transunion.

Getting an incident reported to ChexSystems is the Kiss Of
Death
for your financial future. Most banks now say: "Our bank policy is that we
will not open a checking account for you if you have one or more incidents
reported to ChexSystems." Scary.

Do Banks Open Accounts & Close Them Later?

"It seems more common amoung some banks than others.
Some banks have online applications that will approve immediately. Then the
bank will wait until the signature card is sent in to actually look at the
Chexsystems report. At that point, they will send back the initial deposit and
close the account.

"Then there are other banks that do "sweeps"
on accounts. This is where a bank, generally the loss prevention department
will do a random check on accounts with chexsystems. If they find that the
customer has a chexsystems record, they then will determine that they person
may be a risk and they will freeze account, and later close it.

For more details about this system and what to do if you get
reported, check out these excellent resources:The following is a sample
letter requesting ChexSystems to validate and remove a listing from their
database. Make sure to edit this letter and fill in the appropriate
information for your situation.

Non-ChexSystems Banks

Want to find a non-ChexSystems bank? Here are some free
resources (yeah, they're REALLY free). However, bank policy changes ALL of the
time, so you should call these banks first to see what their current policy is.

•Here's a good forum for people trying to find a good bank or
learn how to get out of CheckSystems.

•Here is the discussion forum thread that keeps an updated list
as well.

ChexSystems for Members

Banks and credit unions can call (800) 328-5120* or (800)
328-5122* to reach ChexSystems' Inquiry Department. At this number, your banker
(but not you) can obtain the details in your record immediately.

•Tip #1 Your banker can call this number to get all the
information in your files and according to FCRA Section 607 (c) regulations,
ChexSystems cannot discourage your banker from relaying that information to
you.

•Tip #2 ChexSystems now offers a customer service number, (800)
513-7125, for consumers to reach a human there. If the wait time on hold at
that number is too long, and you REALLY want to speak to a human, sometimes you
can ask for a supervisor at either of these 800 numbers and perhaps someone may
be able to talk with you. You can also try to game the system by calling
customer service, then press the # key, and enter random 3 digit extensions
until you find someone on the inside at ChexSystems who will take your call.
Either you will find someone this way, or after the third attempt, your call
will get forwarded to a human.

•Tip #3 Or else, try 1-800-613-6743, (Office of the Controller of
the Currency) to file a complaint.

•Tip #4 You can also try the customer service number posted on
ChexSystem's website: 800.428.9623

There are 2 other major specialty companies that report on check
writing history:

TeleCheck Maintains a database of returned checks and instances
of fraud. It provides check authorization and verification to member
retailers. Toll-free number: (800) 209-8186. Web: www.telecheck.com.

A doctrine known as the Hearsay Evidence Rule disallows the
admission of statements into evidence, whether oral or written, made by an
out-of-court witness offered to prove the truth of the matters asserted. In credit
card collection lawsuits, a credit card agreement and billing statements are written
statements by out-of-court witnesses offered to prove the truth of the contents
contained therein. In other words, if the collection attorneys want to preset
evidence at trial that you owe a certain amount of money as set forth in a written statement from the bank
they represent, that evidence will not be allowed and, if the case is based entirely
on this evidence, which is legally inadmissible against you, the case will be
dismissed.

Instead, a witness from the original bank must authenticate the
documents by what’s known as "laying a foundation" to show that:

1) the statements were created in the regular course of business;

2) it is in the bank's regular course of business to make these
statements

3) the creator of the
documents had a business duty to create them;

4) the documents were created contemporaneously with the event, in
other words, when the event occurred.

Debt buyers tend to lack access to those bank witnesses who
possess first-hand knowledge of the original bank's record-keeping practices.

Does
checking my own credit report affect my credit score?

No,
requesting a copy of your own credit report has no impact on your credit score.
In industry lingo, when you check your own score, it’s considered a soft
inquiry. Basically, that means checking your credit report for purposes other
than making a decision on extending your credit. Examples of other soft
inquiries are when companies check your credit for pre-approved offers, or when
you apply for a job and your potential employer runs a credit check. Soft
inquiries generally do not affect your credit score. Hard inquiries, on the
other hand, occur when you apply for new credit, and the lender requests a copy
of your credit report to decide whether to approve you or not. Now, those
inquiries stay on your credit report for about two years, and they can lower
your credit score, especially if they’re numerous. Hard inquiries suggest you
are actively seeking or have recently taken out more credit. The more of them
there are, the bigger the red flag to future creditors. So it’s probably a bad
idea to apply for a lot of credit cards at once. So checking your credit report
isn’t going to hurt you. And it’s really a good way to stay on top of things to
avoid any unpleasant surprises down the road. You can get to a free credit
report from each of the three credit bureaus once a year, or you can also visit
www.annualcreditreport.com to get a copy as well.

What happens when
the company suing me claims that the debt was “assigned” to it ?

If the creditor suing you is not the original creditor with which
you did business, the entity now sing you must prove that it has a legal assignment
of the debt sought to be collected.

Most often third party debt buyers purchase such large portfolios
of accounts from creditors then subdivide the portfolios into smaller segments
and sell off those segments to different debt buyers. A debt buyer must show a
continuous, unbroken chain of assignments.

•The assignment must identify the particular account at issue.

•The assignment must be signed by each party who sold the debt.

•The assignment must have been created for routine business
activity, not for litigation.

Multiple transfers amongst debt buyers of a particular debt lower
the likelihood that the current debt buyer will have a valid assignment in
admissible form.

Should I Opt out from "Pre-approved" Credit Card
Mailings

Probably
you should. Good reasons to “Opt Out” permission (e.g. stop
"pre-approved" credit card offers) include preventing companies from
being able to access your credit without permission, avoiding the hassle and the
temptation that comes along with "pre-approved" credit card offers
filling up your mailbox and minimizing the risk of identity theft from credit
card offers you receive in the mail.

Also
you can “Go Green” and help the environment with less paper waste. By stopping credit card offers and other prescreen
mail, you'll help protect your identity from theft and fraud. And the average
adult receives 41 pounds of junk mail each year, 44% of which goes to the
landfill unopened. By reducing your junk mail for 5 years, you'll conserve 1.7
trees and 700 gallons of water, and prevent global warming emissions — and
you'll gain about 350 hours of free time!

More than 100
million trees are destroyed each year to produce junk mail. 42% of timber
harvested nationwide becomes pulpwood for paper. Use this link to "Opt Out".

You
may send a dispute letter to each CRA from whom you have ordered,
received, and reviewed, a copy of your report if you think there are
errors or wrong information. The addresses for dispute letters to the
big 3 CRA's are:

TransUnion LLCConsumer Discosure Center

P.O. Box 2000 Chester, PA 19022-2000 (800) 916-8800

Equifax Information Services, LLCComplaint Department

P.O. Box 740256 Atlanta, GA 30374 (888) 873-5420

ExperianNCAC

701 Experian Parkway Allen, TX 75013 (800) 583-4080

DON'T LET THE CREDITORS DRIVE YOU NUTS TOO!

CALL US TODAY AND WE WILL PUT A STOP TO THE HARASSMENT TODAY!

WHAT IS THE FAIR CREDIT REPORTING ACT?

The Fair Credit Reporting Act (FCRA) is the law passed by Congress defining your legal rights in regard to your Credit Report. Among other rights, the FCRA says:

* You must be told if info in your Credit Report wasused against you. * You have the right to know what is in your Credit Report. * You have the right to dispute incomplete or inaccurate information.

For more information, visit the Federal Trade Commission's webpage about the FCRA. (http://www.ftc.gov/os/statutes/fcrajump.shtm)

WHAT IS THE FAIR AND ACCURATE CREDIT TRANSACTIONS ACT ?

The Fair and Accurate Credit Transactions Act (FACTA) was signed into in 2003. FACTA was a revision to the Fair Credit Reporting Act (FCRA) and allows consumers to get one free Credit Report from each of the three national bureaus once a year from AnnualCreditReport.com.

For more information, visit the Federal Trade Commission's webpage about the FCRA. (http://www.ftc.gov/os/statutes/fcrajump.shtm)

Get a free copy
of your credit report at AnnualCreditReport.com.
You are entitled to a free report each year from each of the three bureaus at
this Web site. If the accounts are not listed as paid in full, you should
dispute the item with the credit bureau that is reporting it incorrectly. You
can file a dispute online at all three major bureaus. Unfortunately, if the
charge-offs are listed correctly as paid charge-offs, there is nothing else you
can do. Correct negative
information will stay on your credit report for seven years from the
first date of delinquency that resulted in the charge-off and cannot be
removed.

WHAT IS THE CREDIT REPAIR ORGANIZATIONS ACT ?

The Credit Repair Organizations Act (CROA) was signed into law in 1996 and governs the business and advertising practices of companies claming to offer "credit repair" services. Prior to CROA, there were some companies that took advantage of consumers and profited on advice that actually hurt consumers instead of helping them.

Be very careful when dealing with any company that offers to "fix" or "clean" your credit for money. Many of the services these agencies offer are things you can do for yourself at no cost, such as filing disputes with the credit bureaus.

For more information, visit the Federal Trade Commission's webpage about CROA. (http://www.ftc.gov/os/statutes/croa/croa.shtm)

FAIR DEBT COLLECTIONS PRACTICES ACT

What types of debts are covered by the Fair debt Collection Pracices Act ?

The Act
covers personal, family, and household debts, including money you owe
on a personal credit card account, an auto loan, a medical bill, and
your mortgage. The FDCPA doesn’t cover debts you incurred to run a
business.

What types of debts are covered by the Fair Debt Collection Pracices Act ?

The Act covers personal, family, and household debts, including money you owe on a personal credit card account, an auto loan, a medical bill, and your mortgage. The FDCPA doesn't cover debts you incurred to run a business.

Can a debt collector contact me any time or any place?

No. A debt collector may not contact you at inconvenient times or places, such as before 8 in the morning or after 9 at night, unless you agree to it. And collectors may not contact you at work if they're told (orally or in writing) that you're not allowed to get calls there.

How can I stop a debt collector from contacting me?

If a collector contacts you about a debt, you may want to talk to them at least once to see if you can resolve the matter - even if you don't think you owe the debt, can't repay it immediately, or think that the collector is contacting you by mistake. If you decide after contacting the debt collector that you don't want the collector to contact you again, tell the collector - in writing - to stop contacting you. Here's how to do that:

Make a copy of your letter. Send the original by certified mail, and pay for a "return receipt" so you'll be able to document what the collector received. Once the collector receives your letter, they may not contact you again, with two exceptions: a collector can contact you to tell you there will be no further contact or to let you know that they or the creditor intend to take a specific action, like filing a lawsuit. Sending such a letter to a debt collector you owe money to does not get rid of the debt, but it should stop the contact. The creditor or the debt collector still can sue you to collect the debt.

Can a debt collector contact anyone
else about my debt?

If an attorney is representing you about the debt, the debt
collector must contact the attorney, rather than you. If you don't have an
attorney, a collector may contact other people - but only to find out your
address, your home phone number, and where you work. Collectors usually are
prohibited from contacting third parties more than once. Other than to obtain
this location information about you, a debt collector generally is not
permitted to discuss your debt with anyone other than you, your spouse, or your
attorney.

What does the debt collector have to
tell me about the debt?

Every
collector must send you a written "validation notice" telling you how
much money you owe within five days after they first contact you. This notice
also must include the name of the creditor to whom you owe the money, and how
to proceed if you don't think you owe the money.

Can a debt collector keep contacting me
if I don't think I owe any money?

If you send the debt collector a letter stating that you don't
owe any or all of the money, or asking for verification of the debt, that
collector must stop contacting you. You have to send that letter within 30 days
after you receive the validation notice. But a collector can begin contacting
you again if it sends you written verification of the debt, like a copy of a
bill for the amount you owe.

What practices are off limits for debt collectors?

Harassment. Debt collectors may not harass, oppress, or abuse
you or any third parties they contact. For example, they may not:

* use threats of violence or
harm;

* publish a list of names of people who
refuse to pay their debts

* use obscene or profane language; or

* repeatedly use the phone to annoy someone.

False
statements. Debt collectors may not lie when they are trying to collect a debt.
For example, they may not:

* falsely claim that they are attorneys or government representatives; * falsely claim that you have committed a crime; * falsely represent that they operate or work for a credit reporting company; * misrepresent the amount you owe; * indicate that papers they send you are legal forms if they aren't; or * indicate that papers they send to you aren't legal forms if they are.

Debt collectors also are prohibited from saying that:

* you will be arrested if you don't pay your debt;

* they'll seize, garnish, attach, or sell your property or wages unless they are permitted by law to take the action and intend to do so.

* legal action will be taken against you, if doing so would be illegal or if they don't intend to take the action.

Debt collectors may not:

* give false credit information about you to anyone, including a credit reporting company; * send you anything that looks like an official document from a court or government agency if it isn't; or * use a false company name.

Unfair practices. Debt collectors may not engage in unfair practices when they try to collect a debt. For example, they may not:

* try to collect any interest, fee, or other charge on top of the amount you owe unless the contract that created your debt - or your state law - allows the charge; * deposit a post-dated check early; * take or threaten to take your property unless it can be done legally; or * contact you by postcard.

Can I control which debts my payments apply to?

Yes. If a debt collector is trying to collect more than one debt from you, the collector must apply any payment you make to the debt you select. Equally important, a debt collector may not apply a payment to a debt you don't think you owe.Can a debt collector garnish my bank account or my wages?

If you don't pay a debt, a creditor or its debt collector generally can sue you to collect. If they win, the court will enter a judgment against you. The judgment states the amount of money you owe, and allows the creditor or collector to get a garnishment order against you, directing a third party, like your bank, to turn over funds from your account to pay the debt.

Wage garnishment happens when your employer withholds part of your compensation to pay your debts. Your wages usually can be garnished only as the result of a court order. Don't ignore a lawsuit summons. If you do, you lose the opportunity to fight a wage garnishment.

But federal benefits may be garnished under certain circumstances, including to pay delinquent taxes, alimony, child support, or student loans.Do I have any recourse if I think a debt collector has violated the law?You have the right to sue a collector in a state or federal court within one year from the date the law was violated. If you win, the judge can require the collector to pay you for any damages you can prove you suffered because of the illegal collection practices, like lost wages and medical bills. The judge can require the debt collector to pay you up to $1,000, even if you can't prove that you suffered actual damages. You also can be reimbursed for your

BUT I WAS NEVER SERVED WITH ANY LEGAL PAPERS ! CAN I USE THIS A S A DEFENSE IN COURT AGAINST THE CREDIT CARD COMPANY ?

The defense of improper service applies
if (1) you never received the summons and complaint at all; or (2)
you received the summons and complaint, but the manner of service was
not correct.

Under New York law, a process server
must try to make personal service or substitute service. Personal
service occurs when the process server delivers the summons and
complaint to you in person. Substitute service occurs when the
process server leaves one copy of the summons at your home (or place
of business) with a roommate, relative, or other responsible party
(known as a "person of suitable age and discretion") AND
mails a second copy of the summons to you at your last known address
(or place of business).

If a process server makes three
unsuccessful attempts at personal or substitute service service, he
or she is allowed to use conspicuous service (otherwise known as
nail-and-mail). Conspicuous service means slipping one copy of the
summons under your door or attaching it to the door AND mailing a
second copy of the summons to you at your last known address.

Here are some common examples of
incorrect service:

* Leaving the summons with your
neighbor, who lives in a different apartment.

* Sending the summons to an old
address where you no longer live.

* Throwing the summons on the floor
in the lobby of your apartment building.

We all
know that credit report information reflecting late payments, delinquent or
defaulted accounts, and other unfulfilled financial obligations can have a very
detrimental effect on your overall credit standing as well as your wallet by
extension. Fortunately, there are limits on the length of time such negative
information can remain on your files with the major credit bureaus.

But
what are these limits? And what can you do if you believe that negative
information has overstayed its welcome on your credit reports?

These
are very important considerations, as the answers can impact how you should
approach your financial situation. There is also a lot of misinformation out
there concerning how long negative information can remain on your credit
reports as well as what your options are in dealing with it.

The
following table will give you a general sense of the shelf life that different
types of negative credit report information have. We will also discuss the
issue in further detail – offering explanations, exceptions, and tips – below.

Type
of Negative Information

Examples

Timeframe

Late Payments

Missing
a credit card or loan payment

7
Years

Accounts Sent to Collections

Defaulting
on a medical bill, phone bill, or loan

7
Years

Lawsuits & Unpaid Court
Judgments (Public Records)

Child
support & tax liens

7
Years

Bankruptcy

Chapter
7, 11, & 13

10
Years

Before
we get into further specifics, it’s important to note that there is NOTHING you
can do –from hiring a “credit repair” service to even paying off amounts owed –
to decrease the length of time that negative information will remain on your
credit reports.

Negative
Information from Late Payments

Credit
reports track your payment history on different types of credit-based financial
accounts, including credit cards, car loans, mortgages, and lines of credit.
While records of on-time payments can help bolster your credit standing,
information about tardy or missed payments will have a negative effect for
years.

The
impact as well as the length of time that negative information concerning these
credit accounts can remain on your credit reports depends on how far past due
you are/were on payment.

•Late
Payments: People
often get concerned that a payment that is just a few days late will be
reflected on their credit reports. That is not the case, however, as you must
be at least 30 days late on a payment for it to show up on your credit report.
Information about payments that are late by 30+ days will remain on your credit
file for 7 years from the original missed due date.

•Charged-Off
Account: When you
are 120 days behind on a loan payment or 180 days late on a credit card, your
lender will be required to write the debt off its books (this is known as a charge-off) and your account will
be classified as “Not Paid as Agreed” on your credit reports. This information
will remain on file for 7 years after you have charged-off.

Negative
Information from Collection Accounts

Accounts
that you do not pay as agreed – whether they are charged-off credit accounts or
unpaid medical bills, for example – are often sold to collection agencies.
These accounts are classified as “Collection Accounts” on your credit reports.
Credit accounts sent to collections should be listed as a continuation of the
charged-off trade lines that have been on your reports all along (i.e. not new
entries), while medical bills generally only show up once they enter
collections.

Collection
accounts remain on your credit reports for a period of 7 years.

Negative
Information from Public Records

Certain
types of publically available information that reflects irresponsibility
(usually financial, but not always) will also enjoy an extended stay on your
credit reports. The exact timeframe can vary based on the particular type of
public record reflected as well as, in certain situations, your payment status.

•Civil
Judgments: When a
court decrees that you owe money (e.g. for child support or as a result of a
lawsuit), a record of this judgment generally remains on your credit reports
for 7 years from the date it was filed. This will not change even if you pay
amounts owed.

•Tax
Liens: Unpaid tax
liens can remain on your credit reports indefinitely. Paid tax liens generally
remain for 7 years from the date of payment (known as the “release” date).

“Tax
liens are a different beast,” says Jessica Gabel, associate professor of law at Georgia
State University.
“They can hang out on your credit report for the amount of time it takes to pay
the assessment plus another 7 years. … Tax liens can stay on a credit report
longer than any other negative event.But the IRS will formally withdraw a tax
lien if the taxpayer remits a full payment or begins an installment plan that
encompasses a full payment. It is up to the taxpayer to request that a withdrawal
be filed. This only applies to federal taxes – not state tax liens. It also
doesn’t apply to settlements with the IRS or to offers to compromise.”

Negative
Information from Bankruptcies

The
length of time that bankruptcy information can remain on your credit reports
depends on the type of bankruptcy in question as well as whether or not you
have upheld the terms of your filing.

•Chapter
13: A discharged
chapter 13 bankruptcy generally remains on your credit file for 7 years from
the date filed, while a non-discharged chapter 13 bankruptcy remains for 10
years.

“Interestingly,
some people believe that if they file a Chapter 13 – or what they believe is a
‘medical bankruptcy’ (and legally, there is no such thing as a “medical
bankruptcy”) – then their credit will be less affected. But that’s not the
case,” says Dr. Deborah Thorne, an associate professor of finance at Ohio
University.
“Now, if folks file before they start to fall behind on their debts, then the
overall damage to the credit score should be less because the only negative hit
is the bankruptcy. If you don’t fall behind on your bills before you file, then
those dings for late payments are not on your credit report.”

Unfortunately,
there is no way to minimize the credit score damage that results from
bankruptcy. However, you can (and must) take the opportunity to right
your financial ship, rather than reverting back to the mistakes that helped get
you into trouble in the first place. “Bankruptcy on a credit report isn’t
great, but what is even more damaging is to go through a bankruptcy and then
come out and get over-extended all over again,” says Mary Jo Wiggins, a professor of bankruptcy law
and vice dean at the University of San Diego School of Law. “This can happen fairly
easily since a lot of credit issuers actually deluge people who have gone
through bankruptcy with credit offers because they know that a significant
portion of their personal debts may have been discharged.”

Exceptions
Based On State of Residence

In some
cases, state law will limit the length of time that certain types of negative
information can remain on your credit reports. These exceptions apply only if
you are a current resident of the state in question.

New
York

•Satisfied
Judgments: Remain
on your credit file for 5 years from the date filed.

•Paid
Collection Accounts:
Remain on your credit file for 5 years from the date of last payment.

California

•Paid
Tax Liens: Paid,
or “released,” tax liens remain on your credit file for 7 years from the date
released or 10 years from the date filed.

•Unpaid
Tax Liens: Unpaid, or “unreleased,” tax liens will stay on your credit reports
for 10 years from the filing date.

How
to Minimize the Impact of Negative Information

When
you consider just how important the information on your credit reports is to
your overall credit standing as well as the fact that negative information can cost you a lot of money,
it’s clear that you should not take the presence of such information in your
files lightly.

There’s
only so much you can do when records are listed and removed correctly, but
that’s far from guaranteed. There are also many “credit repair” companies out
there that will promise miracle fixes to your credit woes (for a fee, of
course). You should therefore keep the following tips in mind:

•Review
Your Credit Reports:
In many cases, consumers aren’t even aware of negative information on their
credit reports until a lender sends them a disclosure noting that their
application was denied or they were given a higher interest rate because of its
presence. What’s more, various studies have found that up to 30% of all credit
reports contain errors serious enough to warrant a denial of credit. You don’t
want to be punished undeservedly, so it’s best to take advantage of your right
to a free copy of each of your major credit reports once every 12 months. By
requesting one of your three major reports every few months, you’ll increase
your chances of spotting inaccuracies as well as fraud before they can have
serious consequences.

•Pay
Extra Attention to How Collection Accounts are Classified: Debt collectors aren’t always
the most ethical bunch, believe it or not, and they have been known to report
information as a new trade line rather than a continuation of an existing
charged-off account in order to intimidate you into paying them.

•Call
If You Have a Question: People tend to hide from financial problems, but if you aren’t sure
about something it definitely doesn’t hurt to call your creditor or a credit
bureau for an explanation. You might find that an error has been made or the
organization in question will be willing to work with you toward a
mutually-beneficial solution.

•Regulators
are There for You:
Consumers have a new ally in the Consumer Financial Protection Bureau. You can
take advantage of this watchdog’s regulatory power by reporting illegal debt
collection activities or unresolvable situations that you might encounter with
a given creditor/credit bureau.

•Don’t
Forget About SOLs:
While the length of time that negative information can remain on your credit
reports tends to be capped, the timeframe in which you are legally liable for
amounts owed can reset when you make a payment (or in certain other
siutations). It’s important to be mindful of what can reset the Statute of Limitations
(SOL) clock when dealing with negative information on your credit reports.